Constitution Restoration Act of 2004. Text of the bill introduced in Congress in coordination with Alabama Chief Justice Roy Moore.
IN THE HOUSE OF REPRESENTATIVES
Mr. ADERHOLT introduced the following bill
A BILL
To limit the jurisdiction of Federal courts in certain cases and promote federalism.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE
This Act may be cited as the “Constitution Restoration Act of 2004”.
TITLE I—JURISDICTION
SEC. 101. APPELLATE JURISDICTION.
(a) IN GENERAL.—
(1) Chapter 81 of title 28, United States Code, is amended by adding at the end the following new section:
Ҥ1260. Matters not reviewable
Notwithstanding any other provision of this chapter, the Supreme Court shall not have jurisdiction to review, by appeal, writ of certiorari, or otherwise, any matter to the extent that relief is sought against an element of Federal, State, or local government, or against an officer of Federal, State, or local government (whether or not acting in official or personal capacity), by reason of that element’s or officer’s acknowledgement of God as the sovereign source of law, liberty, or government.”
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
“1260. Matters not reviewable.”
(b) APPLICABILITY. Section 1260 of title 28, United States Code, as added by subsection (a), shall not apply to an action pending on the date of the enactment of this Act, except to the extent that a party or claim is sought to be included in that action after the date of the enactment of this Act.
SEC. 102. LIMITATIONS ON JURISDICTION.
(a) IN GENERAL.
(1) Chapter 85 of title 28, United State Code, is amended by adding at the end of the following new section:
“1370. Matters that the Supreme Court lacks jurisdiction to review
Notwithstanding any other provision of law, the district court shall not have jurisdiction of a matter if the Supreme Court does not have jurisdiction to review that matter by reason of section 1260 of this title”.
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
“1370. Matters that the Supreme Court lacks jurisdiction to review.”
(b) APPLICABILITY.—Section 1370 of title 28, United States Code, as added by subsection (a), shall not apply to an action pending on the date of the enactment of this Act, except to the extent that a party or claim is sought to be included in that action after the date of the enactment of this Act.
TITLE II—INTERPRETATION
SEC. 201. INTERPRETATION OF THE CONSTITUTION.
In interpreting and applying the Constitution of the United States, a court of the United States may not rely upon any constitution, law, administrative rule, executive order, directive, policy, judicial decision, or any other action of any foreign state or international organization or agency, other than English constitutional and common law.
TITLE III—ENFORCEMENT
SEC. 301. EXTRAJURISDICTIONAL CASES NOT BINDING ON STATES
Any decision of a Federal court which has been made prior to or after the effective date of this Act, to the extent that the decision relates to an issue removed from Federal jurisdiction under section 1260 or 1370 of title 28, United States Code, as added by this Act, is not binding precedent on any State Court.
SEC. 302. IMPEACHMENT, CONVICTION, AND REMOVAL OF JUDGES FOR CERTAIN EXTRAJURISDICTIONAL ACTIVITIES.
To the extent that a justice of the Supreme Court of the United States or any judge of any Federal court engages in any activity that exceeds the jurisdiction of the court of that justice or judge, as the case may be, by reason of section 1260 or 1370 of title 28, United States Code, as added by this Act, engaging in that activity shall be deemed to constitute the commission of:
(1) an offense for which the judge may be removed upon impeachment and conviction; and
(2) a breach of the standard of good behavior required by article III, section 1 of the Constitution.